BILL NUMBER: AB 2683	CHAPTERED  09/30/00

	CHAPTER   974
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	PASSED THE SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 19, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000

INTRODUCED BY   Assembly Member Bock

                        FEBRUARY 25, 2000

   An act to add Sections 13961.05 and 13965.5 to the Government
Code, relating to victims of crime, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2683, Bock.  Victims of crimes:  witnesses.
   Existing law provides for the indemnification of victims and
derivative victims of specified types of crimes for specified types
of losses incurred as a direct result of the crime.  Claims are
required to be filed within one year of the date of the crime or
after the victim attains 18 years of age, whichever is later, except
that that time period may be extended for good cause for up to 3
years, as specified, and may be additionally extended beyond 3 years
under certain circumstances.  Indemnification is made under these
provisions from the Restitution Fund, which is continuously
appropriated to the State Board of Control for these purposes.
   Existing law requires that when an individual who is in custody
under the jurisdiction of the Department of Corrections, who is
either serving a determinate prison sentence or whose parole has been
revoked, has been identified as a possible sexually violent
predator, that individual is entitled to a trial to determine
whether, by reason of a diagnosed mental disorder, he or she is a
danger to the health and safety of others in that he or she is likely
to engage in acts of sexual violence upon his or her release from
the jurisdiction of the Department of Corrections or other secure
facility.
   This bill would authorize the board to grant an additional
extension for good cause for an individual who is called to testify
in a proceeding against a defendant as a victim or derivative victim
of prior acts of the defendant, and for a victim of a sexually
violent offense who is called to testify in the trial of a person
identified as a possible sexually violent predator under these
provisions subject to specified conditions.
   By extending the period of time for which moneys from a
continuously appropriated fund may be made available, this bill would
make an appropriation.
   This bill would additionally prohibit reimbursement of any expense
that is submitted more than 3 years after it is incurred by the
victim or derivative victim.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13961.05 is added to the Government Code, to
read:
   13961.05.  (a) In addition to the extension for good cause for the
filing of an application authorized under Section 13961, the board
may also for good cause grant an additional extension when the claim
is filed under either of the following circumstances:
   (1) The application is filed by a person who is called to testify
in a proceeding against a defendant as a victim or derivative victim
of prior acts of the defendant pursuant to Section 1108 or 1109 of
the Evidence Code and the application is filed within one year of the
completion of the person's testimony, is accompanied by a
recommendation from the prosecuting attorney that the application be
accepted, and includes a copy of the crime report or other official
documentation describing the offense of which the person was the
victim or derivative victim.
   (2) The application is filed by a victim of a sexually violent
offense who is called to testify in a proceeding involving that
offender pursuant to Section 6603 of the Welfare and Institutions
Code, and the application is filed within one year of the completion
of the victim's testimony and is accompanied by a copy of the crime
report or other official documentation describing the offense.
   (b) No application shall be denied under paragraph (1) or (2) of
subdivision (a) solely because the crime was not reported to law
enforcement within a specified time period.
  SEC. 2.  Section 13965.5 is added to the Government Code, to read:

   13965.5.  No reimbursement shall be made for any expense that is
submitted more than three years after it is incurred by the victim or
derivative victim.
